Balcony A Limited Common Element

September 08, 1991|By Mark Pearlstein.

Q-Our condominium association is 11 years old. The association consists of six buildings with two balconies located on each building. The balconies on one building need repair or replacement. According to the condominium documents, the balconies are not specifically included in the definition of either common elements or limited common elements.

Are the repairs to the balconies the responsibility of the association or the individual unit owner? Does the association have legal responsibility for faulty material or workmanship by the builder 11 years ago?

A-The balconies are limited common elements and the party responsible for maintaining limited common elements under your declaration must repair the balconies. If the association is required to maintain limited common elements, the board must spend the money necessary to fix these areas regardless of whether they were defectively constructed by the developer.

Since you stated that balconies are not defined in the declaration, the board must rely on Section 4.1 of the Illinois Condominium Property Act. Section 4.1 states that balconies are a limited common element. If your declaration provides that the association or the owner has the exclusive responsibility to maintain these areas, the party with that obligation must repair the balconies, regardless of whether the original construction was defective.

Depending upon the language of the declaration, the Condominium Act authorizes the board to allocate all or a part of limited common element repairs to the unit owner.

Q-I live in a 19-year-old townhouse complex. The units have vertical board-and-batten wood siding. The declaration and bylaws of the association require the owners to obtain written permission to change the exterior of their unit.

An owner has requested permission from the architectural control committee to replace his wooden siding with aluminum siding. In my opinion, the aluminum siding has a substantially different appearance than the original siding.

In your opinion, should the architectural control committee allow unit owners to replace their siding, even if the new siding will result in a non-uniform appearance to our complex? What effect would this have on the resale value of the units? What percentage of the original investment made for vinyl siding could the owner recoup upon sale of the unit?

A-Uniformity of appearance is generally required by the governing documents of a townhome or condominium association. If the architectural control committee has authority under the declaration and bylaws to make a decision on changes to exterior materials, and the association documents do not require strict uniformity, the committee can authorize installation of the aluminum siding.

In that case, the committee must consider the differences in appearance from both types of siding and whether the new material would be more durable and easier to maintain than the existing wooden siding.

I cannot determine the effect of this exterior change on a resale value of the units or whether an owner would recover the investment for the vinyl siding.

Q-A majority of the unit owners in our building presented the board of directors with a petition regarding the procedure they wish to follow to complete a project that has been dragging on for a year without any result. Is the board of directors required to comply with the desires expressed by the majority of the owners, or can the board overrule this petition and proceed as they have done in the past?

A-With limited exceptions, the board of directors is not required to abide by the directions expressed in a petition of the unit owners. Under Section 18.4 of the Illinois Condominium Property Act, the board has the exclusive power to make business decisions concerning a particular project.

If a significant group of unit owners are not satisfied with the progress made by the board, they should assert their position at the next election of directors. The unit owners should elect new directors who, in their opinion, will expedite the completion of projects for the association.

----------

Mark Pearlstein, a Chicago attorney who specializes in condominium law, writes about condos for the Tribune. Questions to him can be addressed to Condo Log, Real Estate Section, Chicago Tribune, 435 N. Michigan Ave., Chicago, Ill. 60611. Sorry, he can`t make personal replies.